News

Blizzard, Valve Begin Legal War Over DOTA

I'm paraphrasing here, but Blizzard's response when it learned Valve trademarked "DOTA" in August 2010 was, "Not cool." A year-and-a-half later, Blizzard has evidently realized that politely expressing mild disappointment wasn't enough to dissuade Gabe Newell and company. Hence, this news: Blizzard has filed a Notice of Opposition against Valve's DOTA trademark and is seeking full control of all things Defense of the Ancients -- but Valve isn't giving up without a fight.

Rock Paper Shotgun directs us to Blizzard's DOTA legal filing with the United States Patent and Trademark Office (USPTO), which was submitted on November 16, 2011. In presenting its case, Blizzard outlines how the original Warcraft III mod first came about and argues that all things made in the game's World Editor are property of Blizzard as per its EULA.

"At all times, the DotA Mods have been marketed, advertised,
and promoted as Warcraft III scenarios that require purchase and installation of Warcraft III and knowledge of Warcraft III's gameplay mechanics, user interface, and on-screen display," Blizzard states. "The fact that the DotA Mods are 'mods' of Warcraft III and that to be played the user must first purchase Warcraft III is well-known and well-publicized throughout the United States and the world."

And while Blizzard previously whimpered that Valve's DOTA trademark "just doesn't seem the right thing to do," it is using a bit more stern language in its legal filing.

"Valve [trademarked DOTA] for the purpose of appropriating Blizzard's goodwill in the DOTA Marks and in order to
confuse consumers as to Blizzard's sponsorship, affiliation, or endorsement of Valve's products... Valve has no rights in or to the DOTA mark."

According to the USPTO, Valve filed its response to Blizzard's Notice of Opposition on December 22nd. In its filing, which is actually a slightly humorous read, Valve repeatedly admits that yes, Blizzard made Warcraft III, and yes, DOTA sprang from a Warcraft III mod, and yes Valve is a videogame developer and publisher... Valve then states that none of it means Blizzard has exclusive rights to the DOTA brand.

"Valve denies the use of DOTA marks by Valve and its predecessors in interest is under license from or for the benefit of Blizzard." That's legalese for "tough cookies."

What's next? As outlined by the USPTO, the lengthy discovery and disclosure process begins on the 24th, and runs through July 23. If the case continues past that point, the full process is scheduled to run through February 3, 2013.

And how about Valve's in-beta DOTA 2 and Blizzard's in-development Blizzard DOTA? At this point, it appears it will be one or the other. And if injunctions start flying around, things could get more contentious than a five-on-five multiplayer online battle arena fight.